13 marcos-arroyo déjà vu on human rights - dean raul pangalangan

8/9/2019 13 Marcos-Arroyo dj vu on human rights - Dean Raul Pangalangan

1/17

Marcos-Arroyo

dj vu on human rightsRaul C. Pangalangan

Professor of Law, University of the Philippines


2/17

Marcos era


3/17

HR violations


4/17

That he achieved, first, by adopting the classic trade-off argument between bread andfreedom, that liberty is meaningless unless ones basic needs are met, that freedom shouldencompass not just political rights alone but also [] social and economic rights, and thatequality rather than freedom [is the more compelling goal in a] developing country.

Second, having demonstrated that liberalism was not the appropriate model for a developingcountry like the Philippines, Marcos links the preference for freedom, so to speak, with the

purported universalist claims of Western liberalism.

Next, he presents himself as the true nationalist attuned to the needs of his people,labels his rights-thinking critics as blind imitators of the West, and assumes the role ofchampion for needs of a Third World state.

From this point of the argument onwards, it takes just a short step for Marcos to thenproclaim himself the champion for revolutionary transformations in Philippine society.

However, the heart of his claim to legitimacy lies in his claim that his one-man rule wasa constitutional authoritarianism, a label he proudly embraces in a book he himselfauthored, which emphasizes that he governed according to the constitutional text andwas validated by no less than the Supreme Court


5/17

Edsa 1


6/17

Arroyo era


7/17


8/17


9/17

IMPUNITY FOR MARCOS HRVIOLATIONS

FM never held liable BY ANY PHILIPPINE COURT

for HR record

FM held liable only by 2 U.S. courts

Class action in Honolulu: US$2.2 billion award

Blocked by PCGG

Victims filed action in RTC for Enforcement ofForeign Judgment

RTC says: First, you must pay US$8 million filing fee


10/17

SC: hr limited to civil andpolitical rights

Forced eviction of informal settlers

They didnt even dare invoke right to housing

Said it was their right to decent livelihood

Hostage to political antipathy to squatters

Court: Marcos used ECONOMIC AND SOCIAL

RIGHTS as his excuse to trample our CIVIL ANDPOLITICAL RIGHTS. We must limit scope of HR

Commission to CIVIL AND POLITICAL RIGHTS.


11/17

Extrajudicialkillings

Task Force Usig: Solved killings of 800 Leftists by filing

21 charges against . Leftists. Said it was all part of a

purge.

Melo Commission: Said killings werent part of governmentpolicy. But linked General Palparan to EJK

Alston Report:The killing of leftwing activists (at least 96

deaths confirmed, and dossiers regarding 271 other such

murders filed

The killings of journalists (2 to 3 per year between 1986-

2002, and 7-10 between 2003-2006)


12/17

Special Rapporteur on extrajudicial,summary or arbitrary executions

The military has been in state of almost total denial

and the Senate, Congress, Justice Secretary, all in a

state of passivity bordering on abdication of duty

Many of the accountability mechanisms which are

invoked as checks on governmental abuses have been

rendered ineffectual . On paper, they remain strong.

In practice, they are of all too little use, and often

this is the result of official design.

For presentpurposes it is sufficient to focus upon some key

examples of institutional passivity .


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Writ of Amparo

Contrast with Writ of Habeas Corpus

An effective and inexpensive instrument for the

protection of constitutional rights

Literally, to protect.

Jonas Burgos

Jun Lozada

Pastor Berlin


15/17

Suppression by indirection

Proclamation 1017: Confiscation of broadcast networks via economic emergency, not via commander-in-chief clause

WHEREAS, these conspirators have repeatedly tried to bring down the President;

WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;

WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrityof the Philippine State and of the Filipino people;

NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines,

by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: The Presidentwhenever it becomesnecessary,may call out (the) armed forces to prevent or suppressrebellion, and in my capacity as their Commander-in-Chief,

do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppr ess all forms of lawless violence aswell any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon mydirection;

and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National EmerSection 17. In times of national emergency, when the publicinterest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

gen

t


16/17

Processed not

arrested


17/17

43 libel cases

13 marcos-arroyo déjà vu on human rights - dean raul pangalangan

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